Elder Abuse Defense Attorney

Hiring an elder abuse attorney should be the first item on your checklist. An experienced defense attorney will know how to protect your rights and fight for your interests.

Elder abuse encompasses not just alleged physical abuse, but also allegations of financially defrauding an elderly person. Caretakers for elderly individuals are often accused of exploiting and defrauding the people they care for, especially when the caretaker has been tasked with managing the elderly individual’s finances.

Allegations of physical abuse of an elderly person can be difficult to prove because the elderly individual is likely to have pre-existing conditions that may explain all, or some, of the alleged bodily injuries.  Apportionment of injuries and isolating causes can become highly relevant when mounting a defense to elder abuse charges. 

It is quite common for elder cases to be based on relatively flimsy evidence consisting of disorganized financial documents, vague accusations of family members with little knowledge of the financial affairs of the elder individual, and interviews of elderly victims who may not have the mental capacity to provide coherent responses to questions about the alleged abuse. These factors are why it is so important to retain the services of an elder abuse defense lawyer.  

As mentioned, elder abuse is generally categorized as either physical abuse or financial abuse. Both forms of abuse can result in criminal prosecution under California Penal Code Section 368 PC.

To have viable grounds to charge you with physical elder abuse, there must be evidence indicating that you intentionally, or with criminal negligence, subjected an individual age 65 or older to unjustifiable pain or mental suffering and the conduct would have endangered the life or health of the elder. 

To have viable grounds to charge you with financial elder abuse, there must be evidence showing that you were a designated caretaker for the alleged victim or knew the victim was 65 or older and you committed a financial crime, such as fraud, theft or embezzlement against the elder.

As mentioned above, elder abuse can be filed as either a felony or a misdemeanor offense. State prosecutors typically look at the extent of harm suffered by the alleged victim or the amount of financial loss to determine whether the case warrants escalation to a felony offense. 

If you are charged and convicted with elder abuse as a felony offense, you could be sentenced to up to four years in prison. If the elderly individual died or suffered great bodily injury as a result of the conduct, the judge can add on an additional three to five years for a prison term.

An elder abuse conviction can also have long-term ramifications. You would likely face disciplinary action, suspension or license revocation from state professional licensing agencies such as the Medical Board, the Nursing Board and the California State Bar. An elder abuse conviction will appear on your criminal record and likely prevent you from being considered for any future caregiver position.

As you can see, being charged and convicted of elder abuse in Marin County is serious and can have life-altering ramifications. This is why retaining the services of an experienced and respected Marin County elder abuse defense lawyer like Kevin Heaney is so important. You owe it to yourself to have top-notch legal representation. 

When you have an elder abuse attorney on your side, they will conduct an in-depth review of the elder abuse charges and may even hire a professional investigator to conduct an interview of the victim to get a better sense of the allegations.  Family members and friends of the elderly individual may also be contacted to collect additional information and insight into the situation.

If the elder abuse charges center around alleged financial abuse, your elder abuse defense attorney may opt to retain a forensic economist to review all relevant financial records and questioned transactions.  In contrast, when physical abuse is being alleged, your attorney will work to gather all relevant medical records, even by subpoena if necessary.

Throughout the legal process, your Marin County elder abuse attorney will be by your side and providing guidance on how to best proceed.